Cross-border - Global Employment Lawhttp://www.globalemploymentlaw.com/articles/cross-border/
International Labor & Employment News, Updates & Commentaryen-usCopyright 2014Thu, 05 Jun 2014 12:51:16 -0800Tue, 16 Dec 2014 10:43:20 -0800http://www.movabletype.org/?v=4.24-enhttp://blogs.law.harvard.edu/tech/rssImmigration Updates for the Month of May 2014DHS Proposes Rule Changes Benefitting Spouses of H-1B Workers and Other Highly Skilled ImmigrantsOn May 6, 2014, the Department of Homeland Security (DHS) announced its plans to attract and retain highly skilled immigrants through two proposed rule changes. The proposed rule changes would allow employment authorization for certain spouses of H-1B workers, and would make it easier for highly skilled workers to remain in the United States. Read the full post here. (May 13, 2014)
]]>http://www.globalemploymentlaw.com/2014/06/articles/cross-border/immigration-updates-for-the-month-of-may-2014/
http://www.globalemploymentlaw.com/2014/06/articles/cross-border/immigration-updates-for-the-month-of-may-2014/Cross-borderThu, 05 Jun 2014 12:51:16 -0800Littler MendelsonImmigration Update for April 12-30, 2014Department of Justice Settlements a Good Reminder of Employer Obligations under Employment Verification Laws
Employers work hard to make sure they comply with federal immigration law, but they must remember not to take their efforts too far. Last week, the United States Department of Justice (DOJ) reminded employers everywhere of their obligations to treat both citizen and non-citizen employees alike when it comes to verifying the employment eligibility of individuals, to the tune of $155,500 in civil penalties. Read the full post here. (April 29, 2013).

White House Plans to Allow Work Authorizations for Spouses of H-1B Visa Holders, as Well as to Enhance Opportunities for Outstanding Professors and Researchers
In a press release dated April 7, 2014, the White House announced that the Department of Homeland Security (DHS) will soon publish proposed rules, as part of the "Attracting the World's Best and Brightest" initiative, to allow spouses of certain H-1B visa holders to be eligible for employment authorization to work in the U.S. This effort will be part of a series of steps to strengthen entrepreneurship in the United States and abroad, as well as attract high-skilled immigrants to the United States. Read the full post here. (April 17, 2014).

The Secretary of the U.S. Department of Labor (DOL) and the Secretariat of Labor and Social Welfare of Mexico (STPS) signed an agreement on April 3, 2014, to strengthen the relationship between both nations and promote compliance of the labor laws of both countries, especially as it relates to the protection of migrant workers. Through this joint effort, both governments seek to ensure that migrant workers become more knowledgeable of their legal rights, as well as of the employer's obligations.

]]>Under the provisions of the North American Agreement on Labor Cooperation (NAALC), both governments intend to increase economic and labor opportunities, as well as improve the general standard of living of all workers. In this regard, the DOL and STPS will establish joint training and informational programs, targeting industry sectors and workplaces with a high concentration of migrant workers, to promote understanding of worker rights and employer responsibilities, as well as raise awareness regarding unlawful practices, among other efforts. The programs will be provided in both English and Spanish, to ensure full understanding by the workers.

Notably, these efforts will be made in collaboration with various U.S. government agencies, including the U.S. Wage and Hour Division, the Occupational Safety and Health Administration, the National Labor Relations Board, the Equal Employment Opportunities Commission, embassies and consulates, as well as local legal services and non-governmental organizations.

Employers Should Anticipate Tougher Worksite Enforcement Efforts in the Near FutureIn a recent report entitled "U.S. Immigration and Customs Enforcement's Worksite Enforcement Administrative Inspection Process," Acting Assistant Inspector General for Audits Mark Bell discussed the results of an audit of U.S. Immigration and Customs Enforcement's ("ICE") worksite enforcement processes. The purpose for the audit was to determine whether ICE was meeting directives set out in the 1986 Immigration Reform and Control Act. The report concluded that ICE has been inconsistent in its enforcement policies and made recommendations to improve ICE's implementation of its worksite strategy and uniformly strengthen its fine and audit procedures. Read the full post here. (March 28, 2014)

The findings from a 2013 survey of "International Business Attitudes to Corruption" conducted by Control Risks and the Economist Intelligence Unit, two independent international business risks and opportunities consultancy firms, suggest that many companies are unprepared to handle a corruption scandal and have yet to implement best practices for anti-corruption compliance. The study surveyed general counsels, senior corporate lawyers and compliance heads in more than 300 companies worldwide.

A Synopsis of the Survey's Key Findings

Pressure to Pay is Biggest Concern and Most Significant ChallengeOf those surveyed, the majority (58%) of respondents stated that their biggest concern is whether their employees will be able to resist the demands for "operational" bribes. Only 29% cited the "classic" bribe, i.e., demands for bribes to secure contracts, as their main concern. Operational bribes typically present themselves as demands for small amounts of money, carrying the threat that the company's transactions --- whether a license application or custom processing --- will be significantly delayed if the company fails to pay.

]]>Most companies cited the difficulty of navigating through the requirements under the U.S. Foreign Corrupt Practices Act (FCPA), the U.K. bribery act and other countries' anti-corruption domestic laws, as a significant challenge. For example, while some countries do not prohibit "facilitation payments" that are used when trying to expedite routine government transactions (such as the FCPA), such payments are unlawful under other countries' laws (for example, under the U.K. bribery act).

Of those surveyed:

Only 50% have implemented due diligence procedures when selecting local business associates, despite the known risks that the third party may be paying bribes on their behalf.

35% do not have corporate policies forbidding bribes and 47% do not formally prohibit "facilitation payments".

91% have no specialized anti-corruption training for employees working in high-risk areas and 74% have no anti-corruption programs in general.

Based on this research, "it [is] apparent that international companies have disturbing gaps when it comes to dealing with the dangers of corruption," noted the authors of this study. "Indeed, it would appear that too many companies still fall short of best practice in their anti-corruption compliance programmes ... and may not be prepared properly should they be exposed to a corruption scandal."

A copy of the "International Business Attitudes to Corruption" report is available
here.

E-Verify Instructions to Employers Following the Government ShutdownThe Department of Homeland Security (DHS) announced on October 17, 2013 that E-Verify is once again available for use by employers following the end of the government shutdown. During the government shutdown, E-Verify users were unable to access their accounts, verify the employment authorization of new hires, or reconcile any pending tentative non-confirmations in E-Verify. Now that E-Verify is again available, DHS has released guidance and instructions to employers who were impacted by E-Verify's temporary unavailability. Read the full post here. (October 17, 2013)

Bills Signed into Law in California will Benefit Undocumented ResidentsOn October 5, 2013, California Governor Edmund G. Brown, Jr. signed several pieces of immigration-related legislation that will benefit undocumented residents. The office of the Governor described the laws as designed to "enhance school, workplace and civil protections for California's hardworking immigrants." The Governor added that "While Washington waffles on immigration, California's forging ahead, . . . I'm not waiting." Read the full post here. (October 8, 2013)

Disagreement and Delays over Immigration Reform Continue - Lawmakers Delay Draft of Immigration Legislation Until Early AprilLawmakers have announced that, despite meeting several times a week to write immigration reform legislation, a draft might be delayed until after the congressional recess scheduled for the last week in March and first week in April. Read the full post here. (March 15)

]]>http://www.globalemploymentlaw.com/2013/03/articles/immigration/immigration-update-for-the-week-of-march-11-2013/
http://www.globalemploymentlaw.com/2013/03/articles/immigration/immigration-update-for-the-week-of-march-11-2013/Cross-borderImmigrationMon, 18 Mar 2013 16:47:36 -0800Littler MendelsonImmigration Update for the Week of March 4, 2013U.S. Chamber of Commerce Supports Mandatory E-verify LawTestifying before the House Judiciary Committee's Subcommittee on Immigration and Border Security, a U.S. Chamber of Commerce representative indicated the organization now supports a mandatory E-Verify law for all employers to be phased in over the next three years, provided that certain conditions are met. Read the full post here. (March 8)

New I-9 Form to Go into Effect on May 7, 2013U.S. Citizenship and Immigration Services has announced that, effective May 7, 2013, employers must use a new Form I-9 for employment eligibility verification purposes. Read the full post here. (March 8)

]]>Spanish Language Video about Employment Eligibility Verification Released by OSCOn February 20, 2013, the Department of Justice announced the release of an informational video developed by the Office of Special Counsel for Immigration-Related Unfair Employment Practices which addresses a key area of discrimination in the Form I-9 process. Read the full post here. (March 6)

Retaliation Claim Brought Against Employer Ends in Settlement with DOJThe Department of Justice recently reached a settlement with a national employer with regard to a complaint brought forth by an individual alleging that the company retaliated against him for threatening to pursue his legal rights under the anti-discrimination provision of the Immigration and Nationality Act. Read the full post here. (March 4)

]]>http://www.globalemploymentlaw.com/2013/03/articles/immigration/immigration-update-for-the-week-of-march-4-2013/
http://www.globalemploymentlaw.com/2013/03/articles/immigration/immigration-update-for-the-week-of-march-4-2013/Cross-borderImmigrationTue, 12 Mar 2013 14:48:01 -0800Littler MendelsonImmigration Update for the Week of February 18, 2013United States: ICE Increased Number of Audits and Fines in San Diego in Fiscal Year 201210 San Diego-based companies were fined a collective total of $173,800 during FY 2012 for various employment-related violations, including employing unauthorized workers. Read the full post here. (February 19)

]]>http://www.globalemploymentlaw.com/2013/02/articles/cross-border/immigration-update-for-the-week-of-february-18-2013/
http://www.globalemploymentlaw.com/2013/02/articles/cross-border/immigration-update-for-the-week-of-february-18-2013/Cross-borderImmigrationMon, 25 Feb 2013 13:07:55 -0800Littler MendelsonImmigration Update for the Week of February 11, 2013Mexico: New Immigration Procedures to Obtain Work Visas for Foreign Nationals Working in MexicoIn November 2012, Mexico's National Migration Institute issued new regulations and guidance to implement immigration laws that were enacted in May 2011. These regulations significantly impact employers that currently employ foreign nationals or that intend to sponsor a foreign worker for a work visa and/or residency in Mexico. Read the full post here. (February 14)

]]>http://www.globalemploymentlaw.com/2013/02/articles/cross-border/immigration-update-for-the-week-of-february-11-2013/
http://www.globalemploymentlaw.com/2013/02/articles/cross-border/immigration-update-for-the-week-of-february-11-2013/Cross-borderImmigrationMon, 25 Feb 2013 12:54:49 -0800Littler MendelsonNuevos Procedimientos para la Autorización de Visas de Trabajo para Extranjeros en MéxicoNuevas Disposiciones en Materia Migratoria para la Autorización de Visas de Trabajo para Extranjeros en México, escrito por Rogelio Alanis Robles y Tania Terrazas Arnaldo. (For the English version, please click here)]]>http://www.globalemploymentlaw.com/2013/02/regions/latin-america/mexico/nuevos-procedimientos-para-la-autorizacion-de-visas-de-trabajo-para-extranjeros-en-mexico/
http://www.globalemploymentlaw.com/2013/02/regions/latin-america/mexico/nuevos-procedimientos-para-la-autorizacion-de-visas-de-trabajo-para-extranjeros-en-mexico/Cross-borderImmigrationMexicoThu, 14 Feb 2013 15:45:44 -0800Littler MendelsonNew Procedure to Obtain Work Visa for Foreigners Working in MexicoIn November 2012, Mexico's National Migration Institute issued new regulations and guidance to implement immigration laws that were enacted in May 2011. These regulations significantly impact employers that currently employ foreign nationals or that intend to sponsor a foreign worker for a work visa and/or residency in Mexico. To learn more about the regulations, see Littler's ASAP, New Immigration Procedures to Obtain Work Visas for Foreign Nationals Working in Mexico, by Rogelio Alanis Robles and Tania Terrazas Arnaldo (Para la versión en español, prosiga a leer aquí)]]>http://www.globalemploymentlaw.com/2013/02/regions/latin-america/mexico/new-procedure-to-obtain-work-visa-for-foreigners-working-in-mexico/
http://www.globalemploymentlaw.com/2013/02/regions/latin-america/mexico/new-procedure-to-obtain-work-visa-for-foreigners-working-in-mexico/Cross-borderImmigrationMexicoThu, 14 Feb 2013 15:42:58 -0800Littler MendelsonImmigration Update for the Week of February 4, 2013United States: Representative Issa and Gingrey Introduce Immigration Reform Bills in the House of RepresentativesNew bills introduced in the House of Representatives will be considered as part of comprehensive immigration reform. Read the full post here. (February 8)

United States: OCAHO Rejects ICE's Request for Near-Maximum Penalties against Restaurant for I-9 ViolationsAlthough the restaurant admitted it did not complete the I-9 forms, and therefore violated federal law, Administrative Law Judge Ellen Thomas concluded the circumstances did not warrant fining it $935 for each missing I-9. Read the full post here. (February 6)

United States: Immigration Reform in 2013 - What U.S. Employers Can ExpectArticle provides a brief background on immigration reform, discusses the potential immigration reform measures, and concludes with the potential effects of immigration reform on U.S. employers. Read the full post here. (February 5)

United States: New Bills to Address Immigration Issues Proposed in SenateTwo immigration reform bills recently introduced in the U.S. Senate will likely be included in the comprehensive immigration reform discussions currently underway in Congress. Read the full post here. (February 4)

]]>http://www.globalemploymentlaw.com/2013/02/articles/immigration/immigration-update-for-the-week-of-february-4-2013/
http://www.globalemploymentlaw.com/2013/02/articles/immigration/immigration-update-for-the-week-of-february-4-2013/Cross-borderImmigrationTue, 12 Feb 2013 15:26:08 -0800Littler MendelsonImmigration Reform in 2013 - What U.S. Employers Can ExpectFor the past decade, lawmakers have discussed immigration reform, but changes to U.S. immigration laws have been minimal. During the 2012 election campaign President Obama pledged to place immigration reform at the top of his agenda. His re-election indicates that key voting blocs support immigration reform, and analysts on both sides of the political debate predict changes to current immigration law in 2013. Most recently, President Obama announced in Las Vegas his support for various proposed reforms, with the top contenders including: relief to undocumented workers; increased immigration enforcement; and an increase in the number of visas allotted to foreign nationals with STEM (Science, Technology, Engineering, and Math) degrees. In Littler's Insight, Workplace Policy Institute: Immigration Reform in 2013 - What U.S. Employers Can Expect, by Jorge Lopez,Michelle Valerio,Carol Williams, and Scott Decker, our attorneys provide a brief background on immigration reform, discuss the potential immigration reform measures, and conclude with the potential effects of immigration reform on U.S. employers.]]>http://www.globalemploymentlaw.com/2013/02/regions/north-america/united-states/immigration-reform-in-2013---what-us-employers-can-expect/
http://www.globalemploymentlaw.com/2013/02/regions/north-america/united-states/immigration-reform-in-2013---what-us-employers-can-expect/Cross-borderImmigrationUnited StatesTue, 05 Feb 2013 18:21:54 -0800Littler MendelsonImmigration Update for the Week of January 28, 2013United States: Immigration Innovation Act of 2013 Introduced in the SenateSenator Orrin Hatch (R-UT) introduced Senate Bill 169, The Immigration Innovation Act of 2013 ("I-Squared Act"). This bill has a number of aspects that would greatly benefit U.S. businesses and highly educated foreign workers. Read the full post here. (January 31, 2013)

United States: Bipartisan Immigration Plan ReleasedA group of Democrat and Republican senators released the Bipartisan Framework for Comprehensive Immigration Reform, the latest bipartisan effort for comprehensive immigration reform to fix the broken U.S. immigration system. Read the full post here. (January 28)

]]>http://www.globalemploymentlaw.com/2013/02/articles/immigration/immigration-update-for-the-week-of-january-28-2013/
http://www.globalemploymentlaw.com/2013/02/articles/immigration/immigration-update-for-the-week-of-january-28-2013/Cross-borderImmigrationMon, 04 Feb 2013 17:07:51 -0800Littler MendelsonImmigration Update for the Week of January 21, 2013United States: DOL to Make Various Immigration Filings Publicly AvailableThe U.S. Department of Labor announced plans to make available to the general public, through a new online tool called the iCERT Labor Certification Registry, "appropriately redacted" copies of H-1B, H-1B1, E-3, H-2A, H-2B, and permanent labor certification documents. Read the full post here. (January 25)

]]>http://www.globalemploymentlaw.com/2013/01/articles/immigration/immigration-update-for-the-week-of-january-21-2013/
http://www.globalemploymentlaw.com/2013/01/articles/immigration/immigration-update-for-the-week-of-january-21-2013/Cross-borderImmigrationMon, 28 Jan 2013 20:41:02 -0800Littler MendelsonImmigration Update for the Week of December 3, 2012United States: USCIS Expands its e-Request System ServicesU.S. Citizenship and Immigration Services (USCIS) recently announced that it has expanded its e-Request system, which allows individuals to submit electronic requests to inquire about applications and petitions that were previously submitted to USCIS. Read the full post here. (December 6)

]]>http://www.globalemploymentlaw.com/2012/12/articles/cross-border/immigration-update-for-the-week-of-december-3-2012/
http://www.globalemploymentlaw.com/2012/12/articles/cross-border/immigration-update-for-the-week-of-december-3-2012/Cross-borderImmigrationMon, 10 Dec 2012 12:57:34 -0800Littler MendelsonImmigration Update for the Week of November 26, 2012United States: House Advances Bill providing Green Cards to STEM GraduatesThe House passed the STEM Jobs Act of 2012, which would eliminate the diversity lottery green card program and instead redistribute the 55,000 green cards to foreign students who graduate with certain advanced degrees from U.S. universities. Read the full post here. (November 30)

]]>http://www.globalemploymentlaw.com/2012/12/articles/cross-border/immigration-update-for-the-week-of-november-26-2012/
http://www.globalemploymentlaw.com/2012/12/articles/cross-border/immigration-update-for-the-week-of-november-26-2012/Cross-borderImmigrationMon, 03 Dec 2012 17:56:00 -0800Littler MendelsonU.S. Department of Justice and SEC Release Guidance on the Foreign Corrupt Practices ActThe Criminal Division of the U.S. Department of Justice (DOJ) and the Enforcement Division of the U.S. Securities and Exchange Commission (SEC) have issued new guidance to help individuals and employers that conduct business internationally understand and comply with the U.S. Foreign Corrupt Practices Act (FCPA). Enacted in 1977, the FCPA aims to combat the bribery of foreign officials, and ensure accounting transparency. The new document - A Resource Guide to the U.S. Foreign Corrupt Practices Act - is nonbinding, informal guidance for entities of any size that conduct business abroad and/or have foreign subsidiaries.

The 130-page guide discusses such topics as who and what is covered by the FCPA's anti-bribery and accounting provisions; the definition of a "foreign official"; how successor liability applies in the mergers and acquisitions context; what constitutes proper and improper gifts, travel and entertainment expenses; the nature of facilitating payments; what constitutes an effective corporate compliance program; what whistleblower provisions and protections are available under the Act; and what are the civil and criminal penalties, sanctions, and remedies under the FCPA.